Eucrim has been regularly reporting on the EU's major new legislation regulating the digital space, i.e., the Digital Services Act and the Digital Markets Act (→ eucrim 1/2024, 12-13 with further references). The Digital Markets Act (DMA) aims to ensure contestable and fair markets in the digital sector. It regulates gatekeepers, which are large digital platforms that provide an important gateway between business users and consumers, whose position can grant them the power to act as bottlenecks in the digital economy.

The following is an overview of the latest developments that have taken place since the news on the DMA in →eucrim 4/2024, 178-179 (covering the period October-December 2024), and in →eucrim 2/2024, 95-96.

• 13 January 2025: The press reports that the European Commission is asking app developers whether the fee they have to pay to Apple for using alternative app stores (the "core technology fee") prevents fair competition on Apple's platforms and therefore contravenes the DMA. If so, Apple could face coercive measures and penalties of up to ten percent of its annual turnover.
• 14 February 2025: In the dispute with the US over "too excessive" regulation of online services and tech companies by the EU, Henna Virkkunen, Executive Vice-President of the European Commission for Technological Sovereignty, Security and Democracy, promised "simplification and harmonisation" of EU digital legislationon the sidelines of the Munich Security Conference. As a first step, the aim is to review the Digital Services Act (DSA) and the Digital Markets Act (DMA), as well as the EU AI Act, for possible overlaps.
• 7 March 2025: The High-Level Group for the Digital Markets Act (DMA) gathers in Brussels for its fourth meeting, commemorating the first anniversary of the DMA’s application and two years since the High-Level Group's creation. Commission's Executive Vice-President Teresa Ribera emphasises continued collaboration to ensure the DMA’s effective and coherent enforcement. The meeting focuses on recent developments in monitoring and enforcing the DMA, with discussions covering data-related obligations, interoperability, and artificial intelligence. The group also examines ongoing joint efforts between the European Commission and the European Data Protection Board (EDPB), particularly regarding the interplay between the DMA, the General Data Protection Regulation (GDPR), and the DSA.
• 19 March 2025: The Commission adopts two binding decisions under the DMA, requiring Apple to enable better interoperability between iPhones, iPads, and third-party devices. The first set of measures improves access to iOS features for developers of connected devices like smartwatches and headphones. The second set of measures improves the process for handling developer requests, ensuring more transparency and faster review. These steps aim to foster innovation and consumer choice while ensuring compliance with Apple’s gatekeeper obligations under the DMA.
• 25 March 2025: The Commission issues two sets of preliminary findings to American international technology conglomerate Alphabet, accusing it of non-compliance with the DMA. The concerns relate to Alphabet’s favouring of its own services in Google Search results and the restrictive steering practices in its Google Play app store. The Commission finds that Google Search may be giving preferential treatment to Alphabet’s own services—such as shopping or hotel bookings—over rivals by displaying them more prominently. In addition, Alphabet allegedly prevents app developers from directing users to alternative purchasing channels, while imposing excessive fees on app developers over extended periods. Alphabet now has the opportunity to respond to and defend its practices. If confirmed, these findings could lead to a formal non-compliance decision under the DMA.
• 3 April 2025: In the podcast "Mac & I", Malte Kirchner and Leo Becker explain what has changed and what will change for uses of Apple's iphone after one year of application of the DMA.
• 23 April 2025, the Commission closes its investigation into Apple’s compliance with user choice obligations under the DMA, following constructive dialogue and improvements made by Apple. At the same time, the Commission issues preliminary findings indicating that Apple’s rules for distributing apps outside the App Store may breach the DMA. Developers face new fees and restrictive eligibility requirements, which the Commission views as disincentivising the use of alternative distribution channels.
• 23 April 2025, the Commission fines Apple €500 million and Meta €200 million for violating DMA. Apple is found to have restricted app developers from informing users about better offers outside the App Store, breaching its anti-steering obligation. The Commission orders Apple to remove these restrictions and avoid future non-compliant behaviour. Meta is fined for its “Consent or Pay” advertising model on Facebook and Instagram, which failed to offer a proper alternative to users who declined personalised ads. The Commission concludes that Meta did not allow users to refuse data combination freely, as required by the DMA. Both companies have 60 days to comply. The decisions mark the Commission’s first formal findings of non-compliance under the DMA.
• 24 April 2025: The US Governement reacts sharply to the fines imposed on Apple and Meta (see above). The White House called the fines a "novel form of economic extortion which will not be tolerated by the United States". It also said that this extraterritorial regulation [DMA] is a barrier to trade and a direct threat to free civil society.
• 25 April 2025: The Commission publishes its second annual report on the implementation of the Digital Markets Act (DMA), outlining enforcement actions taken throughout 2024. The report details new gatekeeper designations, regulatory dialogues with gatekeepers and third parties, and the initiation of specification and non-compliance proceedings where necessary. It also presents information shared by gatekeepers regarding planned acquisitions and consumer profiling practices. The report highlights the ongoing coordination between the Commission and national authorities to ensure effective and consistent enforcement. Lastly, it summarises the 2024 activities of the High-Level Group on Digital Markets.